Miners' Appeal Fund

Authority Absolute and Authority Relative

In the Civil Procedure Code there are two kinds of authority , namely : 1. Absolute Authority ( Absolute Competentie ) - > about th...

In the Civil Procedure Code there are two kinds of authority, namely:

1. Absolute Authority (Absolute Competentie) -> about the division of power

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Label: the law of civil

definition of civil procedure code indonesian

  the Civil Procedure Code : 1. HIR ( Het Herziene Indonesisch Reglement ) / Reglement Indonesia who updated : S . 1848 no. 16 , S...

 the Civil Procedure Code:
1. HIR (Het Herziene Indonesisch Reglement) / Reglement Indonesia who updated: S.
1848 no. 16, S. 1941 no. 44 à u / Java and Madura

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Label: the law of civil

Testament To Heirs

Question . Shaykh Muhammad ibn Salih Al - Uthaymeen was asked: Why does Islam prohibit a testament to the heirs ? Answer . Islam for...
Question.
Shaykh Muhammad ibn Salih Al-Uthaymeen was asked: Why does Islam prohibit a testament to the heirs?

Answer.
Islam forbids testament to the heirs because it would violate the provisions of Allaah, because Allaah has set the laws of the division of inheritance, as his word.

"Meaning: (The laws) it is the provisions of Allah and His Messenger, Allah will put it into heaven flowing in it rivers, and they will abide therein; and that's a big win. And whoever disobeys Allah and his Apostle, and violate its provisions, Allah will put it in the fire of hell to abide therein was he; and humiliating punishment for him. "[An-Nisa 13-14]

If someone has a son and a sister permpuan sibling, for example, then the child has the right half as part of a predetermined (fardh), while his sister is entitled to rest as a residuary. If diwasiatkan third for his daughter, for example, means that the child will get two-thirds, while his sister got a third of the course. This means a violation of the ordinance of God.

Likewise, if he has two sons, the provisions that each is entitled to half. If diwasiatkan-third to one of them, then the property into three parts. It is a violation of the ordinance of God, and unclean done.

Similarly, if it is allowed to bequeath the estate to the heirs, then there is no point in sharing provisions that heritage, and of course people will play around with a will at will, thus no heirs inherit more, while others are actually part reduced.

[Fatawa Nur Ala Ad-Darb, Shaykh Ibn Uthaymeen, juz 2, p 558].

[Copied from. Kitab Al-Fataawa ash-Fi Syar'iyyah Al-Masa'il Ashriyyah Min Fataawa al-Ulama Al-Balad Al-Haram, Khalid Al-Juraisiy Authors, Issue Fatwa Fatwa Latest Indonesia, translators Muthofa Aini et al, Publisher Darul Haq] .
Written by Faith Zenit, Thursday, July 17, 2014 - Rating: 4.5
Label: the law of civil

Terms Become of a Judge

According to the task the waistband and the position of a judge who was then a very noble requirements to be a judge is quite h...
According to the task the waistband and the position of a judge who was then a very noble requirements to be a judge is quite heavy. For that he must meet the following criteria:

a. Muslims for cases relating to Islamic law. Not allowed to submit the case to the judge that religion other than Islam.

b. Already adolescent adults of legal age so it is reasonable mind can distinguish the right and falsehood.

c. Physically and mentally healthy.

d. Free people. Slave has no power in itself let alone to others.

e. Justly in accordance with the principles of justice and truth.

f. A man not a woman. It is based on the Word of God as follows:

الرجال قوامون على النساء
"Men are in charge of women". (Qs. An-Nisa ': Fragment of verse 34).


And then, in a hadith of the Prophet also said: which means:
"A people who submit their affairs to a woman will not be happy". (HR. Bukhari).

g. Understand the laws in the Qur'an and Sunnah.

h. Understanding the 'consensus of scholars as well as differences in the tradition of the people.

i. Understand Arabic well.

j. Able and master the methods of ijtihad because he was not allowed to taqlid.

k. A judge must be able to listen well. If deaf he can not know and distinguish between receiving and rejecting.

l. A judge must be able to see.

m. A judge must know to read and write. Some have argued this requirement is not necessary because the law can be known without understanding literacy.

n. A judge must have a strong memory and can speak clearly.
Label: the law of civil

Rights of People Who Are In Detention

Rights of People Who Are In Detention - Criminal Law ( Penal Code ) : After last we see of your Rights If You In Capture , no...
Rights of People Who Are In Detention - Criminal Law (Penal Code):
After last we see of your Rights If You In Capture, now we will move on to the next related article is related to the previous article, the review of detention Remember When Your In Your rights !!! If indeed we are in the custody, of course, we have to know the next process and your rights while in custody. Well, like anything that becomes your rights when you are in custody? Just consider the following points directly below:

1. In detention you are entitled to get an arrest warrant or a judge Determination Letter, which contained therein your identity, reasons for detention, a brief description of the crime yangg presupposed and hold your spot. And it must also be in tembuskan on your family.

2. If there is no arrest warrant or determination of the judge, immediately notify your Legal adviser.

3. If there are individual officers who still force you to be detained without an arrest warrant or determination of the judge, and there is a threat of violence. You do not fight, follow his will and then you can apply for compensation and rehabilitation through the show Habeas Corpus.

4. The arrest warrant can be issued by:

a). Police, for the purpose of investigation to the period of detention for 20 days and can be extended 40 days with the permission / signature of the prosecutor. After that you should be free by law or; (Article 24 of the Criminal Code).

b). Crime Prosecutor, for inspection at the prosecutor's office, detention carried out for 20 days, can be extended to 30 days with the permission / signature of the District Court, After that you should be free by law or; (Article 25 of the Criminal Procedure Code).

c). District Court, for the purpose of examination in court by a period of detention for 30 days and can be extended to 60 days with the permission / signature of the High Court. After that you should be free by law or; (Article 26 of the Criminal Procedure Code).

d). High Court, an appeal for inspection for a period of detention for 30 days and can be extended to 60 days with the permission / signature of the Supreme Court. After that you you should be free by law or; (Article 27 of the Criminal Code).
e). The Supreme Court, an appeal for inspection for a period of detention for 50 days and can be extended to 60 days by the Chief Justice. After that you you should be free by law or; (Article 28 of the Criminal Procedure Code).

Remember !!, that information on the length of the detention period beyond the above are provisions verdict.

5. You have the right to apply for custody transfer types addressed to the agency that issued the arrest warrant, with or without providing collateral in the form of money or people.

6. Detention and your checks at all levels of the agency may be suspended if it turns out you are suffering from physical or mental illness must be evidenced by a certificate of Doctor.

7. In the detention period you are entitled to as soon as possible to ask in court and transferred the file to the prosecutor's dossier handed over to the district court which would then be set and the trial judge.

Similarly, over the earlier reviews on the Rights of the Detainees Who is In, follow also the next post in about Criminal Law and Civil Law.
May be useful.
Label: the law of criminal
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